Haryana Government Gazette
Published by Authority
© Government of Haryana
No. 17-2019] CHANDIGARH, TUESDAY, APRIL 23, 2019 (VAISAKHA 3, 1941 SAKA)
PART-I
Notifications, Orders and Declarations by Haryana Government
STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO. 2, SECTOR 17, PANCHKULA
Order
The 11th April, 2019
No. SEC/3ME/2019/1092.— The General Election of Municipal Council, Fatehabad was held on 22.05.2016 and the result of the elected candidates was declared on the same day.
2. Section 13E of the Haryana Municipal Act, 1973, provides that every candidate at an election shall, either himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent from the date of filing of nomination papers to the date of declaration of the result thereof, both dates inclusive. The account shall contain such particulars, as may be notified by the State Election Commission in this behalf. The total of the said expenditure shall not exceed such amount as may be notified by the State Election Commission from time to time.
3. Section 13D of the Haryana Municipal Act, 1973 read with Section 10 A of the Representation of People Act, 1951 further provides that if the Election Commission is satisfied that a person –
(a) has failed to lodge an account of election expenses, within the time and in the manner required by or under this Act, and
(b) has no good reason or justification for the failure
the Election Commission shall, by order published in the Official Gazette, declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order.
HARYANA GOVT. GAZ., APR. 23, 2019 (VYSK. 3, 1941 SAKA) [PART I 4165. The State Election Commissioner, Haryana in exercise of powers contained under Section 3B of the Haryana Municipal Act, 1973 authorized Secretary, State Election Commission, Haryana vide order No.SEC/1ME/2017/2017, dated 01.12.2017 and further modified vide order No.SEC/1ME/2018/842, dated 28.02.2018 to decide the cases of disqualification of the candidates, who failed to lodge their account of election expenses.
6. As reported by the Executive Officer, Municipal Council, Fatehabad, the following candidates had contested the election of Municipal Council, Fatehabad held on 22.05.2016 but failed to submit their election expenditure account within the prescribed time or thereafter :-
| Sr. No. | Name of Candidate | Ward No. |
| 1. | Roop Malti | 1 |
| 2. | Ompati | 5 |
| 3. | Mamta | 5 |
| 4. | Nirmala Devi | 6 |
| 5. | Suresh Kumar | 8 |
| 6. | Usha Rani | 12 |
| 7. | Parvati Devi | 15 |
| 8. | Bunty Kumar | 16 |
| 9. | Sanjay Kumar | 20 |
| 10. | Durgesh | 21 |
| 11. | Rakhi | 21 |
| 12. | Anoop Kumar | 22 |
| 13. | Hardeep Singh | 22 |
| 14. | Ramesh Kumar | 23 |
| 15. | Bant Singh | 24 |
7. The Commission had served a show cause notice upon them to explain as to why they should not be disqualified on account of non submission of election expenditure account within the period. They neither submitted their election expenditure statement nor responded to the show cause notice. I, had given them personal hearing on 14.03.2019 in Kisan Rest House, Fatehabad in the interest of justice. Parveen Kumar, Clerk of the Municipal Council, Fatehabad represented the Deputy Commissioner, Fatehabad. As per the report of Parveen Kumar, Clerk, Municipal Council, Fatehabad, the letters for personal appearance were duly served upon them in person.
8. The above mentioned contesting candidates neither appeared before me nor filed any representation. Therefore, it can be concluded that they have nothing to say in the matter. Hence, they are proceeded ex-parte. The above noted candidates deserve to be disqualified. Hence I, P. K. Sharma, Secretary, State Election Commission, Haryana, hereby order that all the above 15 candidates are disqualified under Section 13D of the Haryana Municipal Act, 1973 read with Section 10A of the Representation of People Act, 1951 for being chosen as, and for being a member of Municipality for a period of three years from the date of this order.
9. The office is directed to send a copy of this order to the candidate concerned through Deputy Commissioner, Fatehabad immediately.
Panchkula: The 1st April, 2019.
DR. P. K. SHARMA, Secretary, State Election Commissioner, Haryana.